| MEMBER AGREEMENT 1. GENERAL RULES AND DEFINITIONS 1.1 If you choose to use Whatreallyhappened.com, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Whatreallyhappened.com. 1.2 Whatreallyhappened.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on Whatreallyhappened.com, or send them to you via e-mail. It is your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, you agree to any changes. 1.3 Whatreallyhappened.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content. Whatreallyhappened.com may also impose limits on certain features and services or restrict your access to parts or all of Whatreallyhappened.com without notice or liability. 2. 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You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content (including software) in whole or in part. 2.3 You may download or copy the Content and other downloadable items displayed on Whatreallyhappened.com for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Whatreallyhappened.com, or the copyright holder identified in the copyright notice contained in the Content. 3. FORUMS, DISCUSSIONS AND USER GENERATED CONTENT 3.1 You shall not upload to, or distribute or otherwise publish on the message boards (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. 3.2 (a)Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." 3.2 (b) Use respectful language. Like any community, the Forums flourish only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. 3.2 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. Whatreallyhappened.com encourages active discussions and welcomes heated debate in our Forums. 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Since Whatreallyhappened.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. 5. REPRESENTATIONS AND WARRANTIES 5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Whatreallyhappened.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Whatreallyhappened.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. 5.2 Whatreallyhappened.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. WHATREALLYHAPPENED.COM CONTENT IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF WHATREALLYHAPPENED.COM IS AT YOUR SOLE RISK. 6.1 As part of the registration process, you will select a password and a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a Member ID of another person with the intent to impersonate that person; (ii) use a Member ID in which another person has rights without such person's authorization; or (iii) use a Member ID that Whatreallyhappened.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Whatreallyhappened.com. 6.2 (a) You shall notify Whatreallyhappened.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. 6.3 You must be 18 years or older to subscribe to Whatreallyhappened.com. 6.4 You are responsible for all usage or activity on your Whatreallyhappened.com account, including use of the account by any third party authorized by you to use your Member ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Whatreallyhappened.com’s sole discretion, and Whatreallyhappened.com may refer you to appropriate law enforcement agencies. 7.1. Whatreallyhappened.com reserves the right at any time to charge fees for access to portions of our content or the site as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Whatreallyhappened.com requires a fee for portions of the content that are now free, Whatreallyhappened.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through Whatreallyhappened.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. 8. 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This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form. 9.1 Whatreallyhappened.com may, in its sole discretion, terminate or suspend your access to all or part of Whatreallyhappened.com for any reason, including, without limitation, breach or assignment of this Agreement. 9.2 Under no condition will refunds be granted for any unused portion of your subscription. Anyone voluntarily terminating their subscription or terminated for breach of the user agreement forfeits any remaining subscription rights. 11.1 This Agreement has been made in and shall be construed and enforced in accordance with New Hampshire law. Any action to enforce this agreement shall be brought in the federal or state courts located in Concord, NH. 11.2 You agree to report any copyright violations of the Member Agreement to Whatreallyhappened.com as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Whatreallyhappened.com, please notify copyrights@whatreallyhappened.com . (Please direct all general questions to help@whatreallyhappened.com .)
Forums Posting PolicyWe welcome your participation in the Forums. Our goal is to encourage discussion on a variety of topics. In order to maintain a civil community, we require readers to follow the following basic guidelines: Right to Delete Posts While we do not and cannot review every message posted in the Forums and are not responsible for the content of these messages, we reserve the right to delete, move or edit messages that we deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. All posts in the Forums must be written in English. We reserve the right to remove the posting privileges of users who violate these standards of Forum behavior at any time. Uploading You cannot upload to the Web site, or distribute or otherwise publish through it, anything that is libelous, defamatory, obscene, pornographic or abusive, or that otherwise violates any United States law. Whatreallyhappened.com regrets that it cannot honor requests to remove posts except when such postings violate our editorial and business policies. No Graphics Graphics, audio, javascript files and foreign-language posts are not allowed in the Forums. Noncommercial The Forums can be used only in a noncommercial manner. You cannot, without the express approval of Whatreallyhappened.com, distribute or otherwise publish material containing any solicitation of funds, advertising or solicitation of goods or services. Spamming Repeatedly posting off-topic messages or "spamming" our Forums by posting the same message in multiple topics or otherwise deliberately disrupting our Forums is unacceptable behavior that may result in the user's losing all Forum privileges and access to our site. We reserve the right to prohibit users who in any way violate acceptable Forum behavior from participating in our discussions. Users remain solely responsible for the content of their messages. Please see our Member Agreement for more information.
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